Trademark Opposition Procedure in Philippines
- Filing Notice of Opposition – Any interested party may file an opposition against a published mark within a period of 30 days from the date of its publication. The opposition must be in writing and verified by the Opponent. Any evidence, supporting document, etc. must be submitted at the time of filing the opposition. The affidavits must be notarized and the supporting documents must be submitted in original or in their original certified true copies.
The deadline to file opposition may be extended by a period of 45 days upon request of the opponent. - Filing of Answer – The applicant must file a counterstatement with the BLA within 30 days from receiving the notice of opposition, which is extendable for a period of 45 days. Similar to oppositions, the answer must be in writing and verified by the applicant and any evidence, supporting document, etc. must be submitted at the time of filing the answer. The affidavits must be notarized and the supporting documents must be submitted in original or in their original certified true copies.
If no response is filed within the deadline, the opposition will be decided on the basis of the notice of opposition and evidence submitted by the Opponent. - Refer to ADR – Once the counterstatement if filed, the matter is referred to alternate disputes resolution for amicable resolution.
- Hearing & Position Paper – When the opposition is not resolved though ADR, the opposition is referred to an Adjudication Officer who conducts hearings and inquiries in respect of the matter. Once hearings are over, Position Papers are required to be filed by both the parties.
- Decision – Once the deadline to file Position Papers elapses, the matter is considered final for issuance of a decision. A decision is then issued within 20 days, which could be extended for further 20 days.
Appeal to decision of the Opposition
Any party may file an appeal to the Director of BLA within 10 days from receipt of decision. The decision of the director is further appealable to the Director General of BLA within 30 days. A party unsatisfied with the decision of Director General may approach the Court of Appeals within 15 days from receipt of the order to file an appeal.
For more information on trademark opposition in Philippines, please write to us at foreign.opp@ssrana.com